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2016 (3) TMI 288 - ITAT HYDERABAD

2016 (3) TMI 288 - ITAT HYDERABAD - TMI - Computation of deduction under S.10A - Interpretation of Total Turnover - whether communication charges are to be excluded from the total turnover for the purpose of computing deduction under S.10A - Held that:- The communication charges having been excluded from the export turnover, it should also be excluded from the total turnover for the purpose of computation of deduction under S.10A of the Act. Since the view taken by the CIT(A) is in conformity wi .....

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nt : Shri Sistla Venkateswarlu& Surya Kiran M ARs ORDER Per D Manmohan, Vice President This appeal by the Revenue is directed against the order passed by the Commissioner of Income-tax (Appeals) III, Hyderabad and it pertains to assessment year 2005-06. 2. The only issue urged by the Revenue in this appeal is with regard to computation of deduction under S.10A of the Act; whether communication charges are to be excluded from the total turnover for the purpose of computing deduction under S.1 .....

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mputing the export turnover, under S.10A of the Act. In response thereto, the assessee submitted that the same was incurred in Indian currency and, even otherwise, if it is excluded from the export turnover, it should also be excluded from the total turnover. 4. The Assessing Officer rejected the contention of the assessee, referring to the meaning of 'export turnover' as given in Explanation 2(iv) to S.10A. The Assessing Officer concluded that the assessee incurred expenditure for deliv .....

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turnover. An alternative plea was raised that even if it is to be deducted from the export turnover, that would not lead to any disallowance since communication charges should have been correspondingly deducted from the total turnover while computing the deduction under S.10A of the Act. The learned CIT(A) accepted the alternative contention of the assessee in the light of decision of Chennai Special Bench in the case of ITO V/s. Sak Soft Ld. CIT(A). (313 ITR (AT)353) (Chennai(SB)). 6. Aggrieved .....

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